§ 2707. — Recovery by foreign claimants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2707]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2707. Recovery by foreign claimants
(a) Required showing by foreign claimants
(1) In general
In addition to satisfying the other requirements of this Act, to
recover removal costs or damages resulting from an incident a
foreign claimant shall demonstrate that--
(A) the claimant has not been otherwise compensated for the
removal costs or damages; and
(B) recovery is authorized by a treaty or executive
agreement between the United States and the claimant's country,
or the Secretary of State, in consultation with the Attorney
General and other appropriate officials, has certified that the
claimant's country provides a comparable remedy for United
States claimants.
(2) Exceptions
Paragraph (1)(B) shall not apply with respect to recovery by a
resident of Canada in the case of an incident described in
subsection (b)(4) of this section.
(b) Discharges in foreign countries
A foreign claimant may make a claim for removal costs and damages
resulting from a discharge, or substantial threat of a discharge, of oil
in or on the territorial sea, internal waters, or adjacent shoreline of
a foreign country, only if the discharge is from--
(1) an Outer Continental Shelf facility or a deepwater port;
(2) a vessel in the navigable waters;
(3) a vessel carrying oil as cargo between 2 places in the
United States; or
(4) a tanker that received the oil at the terminal of the
pipeline constructed under the Trans-Alaska Pipeline Authorization
Act (43 U.S.C. 1651 et seq.), for transportation to a place in the
United States, and the discharge or threat occurs prior to delivery
of the oil to that place.
(c) ``Foreign claimant'' defined
In this section, the term ``foreign claimant'' means--
(1) a person residing in a foreign country;
(2) the government of a foreign country; and
(3) an agency or political subdivision of a foreign country.
(Pub. L. 101-380, title I, Sec. 1007, Aug. 18, 1990, 104 Stat. 496.)
References in Text
This Act, referred to in subsec. (a)(1), is Pub. L. 101-380, Aug.
18, 1990, 104 Stat. 484, as amended, known as the Oil Pollution Act of
1990, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 2701 of this title and Tables.
The Trans-Alaska Pipeline Authorization Act, referred to in subsec.
(b)(4), is title II of Pub. L. 93-153, Nov. 16, 1973, 87 Stat. 584,
which is classified generally to chapter 34 (Sec. 1651 et seq.) of Title
43, Public Lands. For complete classification of this Act to the Code,
see Short Title note set out under section 1651 of Title 43 and Tables.
Section Referred to in Other Sections
This section is referred to in section 2706 of this title.
